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English Common Law in the Age of Mansfield

English Common Law in the Age of Mansfield
Author: James Oldham
Publisher: Univ of North Carolina Press
Total Pages: 448
Release: 2005-12-15
Genre: Law
ISBN: 0807864005

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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.


Lord Mansfield

Lord Mansfield
Author: Norman S. Poser
Publisher: McGill-Queen's Press - MQUP
Total Pages: 561
Release: 2013-09-01
Genre: Law
ISBN: 0773589805

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In the first modern biography of Lord Mansfield (1705-1793), Norman Poser details the turbulent political life of eighteenth-century Britain's most powerful judge, serving as chief justice for an unprecedented thirty-two years. His legal decisions launched England on the path to abolishing slavery and the slave trade, modernized commercial law in ways that helped establish Britain as the world's leading industrial and trading nation, and his vigorous opposition to the American colonists stoked Revolutionary fires. Although his father and brother were Jacobite rebels loyal to the deposed King James II, Mansfield was able to rise through English society to become a member of its ruling aristocracy and a confidential advisor to two kings. Poser sets Mansfield's rulings in historical context while delving into Mansfield's circle, which included poets (Alexander Pope described him as "his country's pride"), artists, actors, clergymen, noblemen and women, and politicians. Still celebrated for his application of common sense and moral values to the formal and complicated English common law system, Mansfield brought a practical and humanistic approach to the law. His decisions continue to influence the legal systems of Canada, Britain, and the United States to an extent unmatched by any judge of the past. An illuminating account of one of the greatest legal minds, Lord Mansfield presents a vibrant look at Britain's Age of Reason through one of its central figures.


Great Christian Jurists in English History

Great Christian Jurists in English History
Author: Mark Hill
Publisher: Cambridge University Press
Total Pages: 621
Release: 2017-06-09
Genre: Law
ISBN: 1108135986

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The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.


A Concise History of the Common Law

A Concise History of the Common Law
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 828
Release: 2001
Genre: Common law
ISBN: 1584771372

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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.


The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century

The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century
Author: James Oldham
Publisher:
Total Pages: 1686
Release: 1992
Genre: Law
ISBN: 9780807820520

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Using voluminous trial notes and previously unexplored documents, Oldham provides a reappraisal of the judicial career of Lord Mansfield, chief justice of the Court of King's Bench in England from 1756 to 1799. In this two-volume work, he presents important biographical information about Mansfield and brings to life the context, personalities, and operational features of the Court of King's Bench during the eighteenth century.


Some Makers of English Law

Some Makers of English Law
Author: Sir William Searle Holdsworth
Publisher: CUP Archive
Total Pages: 326
Release: 1938
Genre: Electronic books
ISBN:

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The Genius of the Common Law

The Genius of the Common Law
Author: Frederick Pollock
Publisher:
Total Pages: 166
Release: 1912
Genre: Law
ISBN:

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Marine Insurance

Marine Insurance
Author: Merkin, Rob
Publisher: Edward Elgar Publishing
Total Pages: 1538
Release: 2021-11-30
Genre: Law
ISBN: 1788116755

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This authoritative work forms a comprehensive examination of the legal and historical context of marine insurance, providing a detailed overview of the events and factors leading to its codification in the Marine Insurance Act 1906. It investigates the development of the legal principles and case law that underpin the Act to reveal how successful this codification truly was, and to demonstrate how these historical precedents remain relevant to marine insurance law to this day.


Wives Not Slaves

Wives Not Slaves
Author: Kirsten Sword
Publisher: University of Chicago Press
Total Pages: 387
Release: 2021-04-15
Genre: History
ISBN: 022675748X

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"Is marriage a privilege or a right? A sacrament or a contract? Is it a public or a private matter? Where does ultimate jurisdiction over it lie? And when a marriage goes wrong, how do we adjudicate marital disputes-particularly in the usual circumstance, where men and women do not have equal access to power, justice, or even voice? These questions have long been with us because they defy easy, concrete answers. Kirsten Sword here reveals that contestation over such questions in early America drove debates over the roles and rights not only of women but of all unfree people. Sword shows how and why gendered hierarchies change-and why, frustratingly, they don't"--